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A judge Tuesday ordered a hearing next week on efforts by attorneys to free three jailed abortion protesters, including two who are staging a fast.

State Supreme Court Justice Leo J. Fallon scheduled a hearing Monday on complaints of the protesters, the Rev. Ted Cadwallader, the Rev. James Evans and Nancy Walker, that Kenmore Village Justice H. Walker Hawthorne imposed an illegal 90-day sentence on them in December.

Attorney Denis A. Kitchen Jr. contends the three protesters are being "illegally detained."

Kitchen said the back-to-back 60- and 30-day jail terms Hawthorne imposed for resisting arrest and trespass in a Feb. 17 protest at a clinic on Colvin Boulevard and Kenmore Avenue should have been a single sentence of 30 or 60 days, because the two charges stem from the same case.

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